Ecclesiastical Jurisdiction Measure 1963

JurisdictionUK Non-devolved
Citationmeasure 1963 No. 1


Ecclesiastical Jurisdiction Measure 1963.

A MEASURE passed by The National Assembly of the Church of England to reform and reconstruct the system of ecclesiastical courts of the Church of England, to replace with new provisions the existing enactments relating to ecclesiastical discipline, to abolish certain obsolete jurisdictions and fees, and for purposes connected therewith.

[31st July 1963]

I The Ecclesiastical Judicial System

Part I

The Ecclesiastical Judicial System

The Courts

The Courts

S-1 The ecclesiastical courts.

1 The ecclesiastical courts.

(1) For each diocese there shall be a court of the bishop thereof (to be called the consistory court of the diocese or, in the case of the court for the diocese of Canterbury, the commissary court thereof which shall have the original jurisdiction conferred on it by this Measure.

(2) For each of the provinces of Canterbury and York—

( a ) there shall be a count of the archbishop thereof (to be called, in the case of the court for the province of Canterbury, the Arches Court of Canterbury, and, in the case of the court for the province of York, the Chancery Court of York) which shall have the appellate jurisdiction conferred on it by this Measure; and

( b ) there may, in accordance with the provisions in that behalf of Part V of this Measure, be appointed by the Upper House of the Convocation of the province commissions which shall have the original jurisdiction conferred on them by this Measure with respect to the trial of bishops;

(3) {3) For both of the said provinces—

( a ) there may, in accordance with the provisions of Part V of this Measure, be appointed by the Upper House of the Convocations of both the said provinces commissions which shall have the original jurisdiction conferred on them by this Measure with respect to the trial of archbishops;

( b ) there shall be a court (to be called the Court of Ecclesiastical Causes Reserved) which shall have the original and appellate jurisdiction conferred on it by this Measure;

( c ) there may, in accordance with the provisions in that behalf of this Measure, be appointed by Her Majesty commissioners who shall have such jurisdiction as is conferred on them by this Measure with respect to the review of findings of any commission of Convocation appointed under paragraph ( b ) of the last foregoing subsection and paragraph ( a ) of this subsection, and also of the Court of Ecclesiastical Causes Reserved; and

( d ) Her Majesty in Council shall have such appellate jurisdiction as is conferred on Her by this Measure.

The Judges of the Courts constituted by this Measure

The Judges of the Courts constituted by this Measure

S-2 Judge of consistory court.

2 Judge of consistory court.

(1) Subject to the following provisions of this Measure, the consistory court of a diocese shall be presided over by a single judge who shall be styled the chancellor of the diocese or, in the case of the diocese of Canterbury, the commissary general, and appointed by the bishop thereof by letters patent.

(2) A person appointed to be chancellor of a diocese shall be at least thirty years old and either a barrister at law of at least seven years' standing or a person who has held high judicial office, and, before appointing a layman, the bishop shall satisfy himself that the person to be appointed is a communicant.

(3) The appointment of a person to be chancellor of a diocese shall cease to have effect upon the termination of a vacancy in the see unless it has been previously confirmed by the capitular body of the cathedral church of the diocese, being the dean and chapter or, as the case may be, the cathedral chapter of that church:

Provided that any person who ceases to be chancellor of a diocese under this subsection during the course of any proceedings or cause of faculty in the consistory court of a diocese shall continue to act as chancellor for the purpose of those proceedings or that cause as if his appointment had continued until the conclusion in that court of those proceedings or that cause as the case may be.

(4) Subject to the provisions of the last foregoing subsection, the appointment of a person to be channeller of a diocese shall be without limit of time, but he—

( a ) may resign his office by instrument in writing under his hand addressed to, and served on, the bishop of the diocese;

( b ) may be removed by that bishop if the Upper House of the Convocation of the relevant province resolves that he is incapable of acting or unfit to act.

(5) The channeller of a diocese shall, before he enters on the execution of his office,—

( a ) take and subscribe, either before the bishop of the diocese in the presence of the diocesan registrar, or in open court in the presence of that registrar, the oaths set out in Part I of the First Schedule to this Measure; and

( b ) if he is a layman, make and subscribe, in the like circumstances, the declaration set out in Part II of that Schedule;

and the diocesan registrar shall record the taking and subscription of the said oaths and the making and subscription of the said declaration.

S-3 Judges of the Arches and Chancery Courts.

3 Judges of the Arches and Chancery Courts.

(1) The judges of the Arches Court of Canterbury and the Chancery Court of York respectively shall be five in number, but proceedings which, by virtue of the following provisions of this Measure, are cognisable by either of those Courts shall be heard and disposed of by such of the judges thereof as may be determined in accordance with those provisions.

(2) Of the judges of each of the said Courts—

( a ) one, who shall be a judge of both Courts (and, in respect of his jurisdiction in the province of Canterbury shall be styled Dean of the Arches and, in respect of his jurisdiction in the province of York, shall be styled Auditor, and is hereinafter referred to in this Measure as the Dean of the Arches and Auditor), shall be appointed by the archbishops of Canterbury and York jointly with the approval of Her Majesty signified by warrant under the sign manual;

( b ) two shall be persons in holy orders appointed by the prolocutor of the Lower House of the Convocation of the relevant province;

( c ) two shall be laymen appointed by the Chairman of the House of Laity after consultation with the Lord Chancellor and possessing such judicial experience as the Lord Chancellor shall think appropriate;

(3) A person appointed to be Dean of the Arches and Auditor shall be either a barrister at law of at least ten years' standing or a person who has held high judicial office, and, before appointing a layman, the archbishops of Canterbury and York shall satisfy themselves that he is a communicant.

(4) Before the Chairman of the House of Laity appoints a person to be a judge of either of the said Courts, he shall satisfy himself that that person is a communicant.

(5) The appointment of any person to be a judge of either of the said Courts shall be without limit of time, but—

( a ) the Dean of the Arches and Auditor—

(i) may resign his office by instrument in writing under his hand addressed to, and served on, the archbishops of Canterbury and York;

(ii) may be removed by the archbishops of Canterbury and York jointly if the Upper Houses of the Convocations of the provinces of Canterbury and York each resolve that he is incapable of acting or unfit to act;

( b ) any other judge of either of the said Courts—

(i) may resign his office by instrument in writing under his hand addressed to, and served on, the archbishop of the relevant province;

(ii) may be removed by the archbishop of that province if the Upper House of its Convocation resolves that he is incapable of acting or unfit to act;

(6) The Dean of the Arches and Auditor shall, before he enters on the execution of his office,—

( a ) take and subscribe,—

(i) before the archbishop of Canterbury in the presence of the registrar of the province of Canterbury and before the archbishop of York in the presence of the registrar of the province of York; or

(ii) in open court in both of those provinces in the presence of the registrar of the province;

the oaths set out in Part I of the First Schedule to this Measure; and

( b ) if he is a layman, make and subscribe, in the like circumstances, the declaration set out in Part II of that Schedule.

(7) A person (other than the Dean of the Arches and Auditor) appointed to hold the office of judge of either of the said Courts shall, before he enters on the execution of his office,—

( a ) take and subscribe the said oaths either before the archbishop of the relevant province and in the presence of the registrar of that province or in open court in the presence of that registrar; and

( b ) if he is a layman, make and subscribe, in the like circumstances, the said declaration.

(8) A provincial...

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